Questions and Answers of Business Law Legal Environment

Explain the employee’s obligations with respect to notice to quit, fiduciary duty and confidential information.
Describe the certification process in your jurisdiction.
Distinguish between recognition, jurisdiction, interest and rights disputes. Indicate how each of these types of deputes must be resolved.
Explain what is meant by unfair labour practices and how they are dealt with in Canadian law.
Explain what is meant by the obligation for the parties to bargain in good faith and the role mediation plays in the collective bargaining process.
Distinguish between a strike and a lockout, and indicate how much notice must be given and any other restrictions or requirements on strike or lockout in your jurisdictions.
What is meant by picketing? Why is it so effective and what limitations on the right to picket are there in your jurisdiction?
Explain what is meant by a union shop, a closed shop, and the right of “check off.”
Explain the purpose and effect of workers’ compensation legislation, occupational health and safety statutes, employment insurance statutes, and human rights statutes with respect to employment.
List the standards imposed by employment standards statutes in your jurisdictions.
Describe effective strategies to avoid or deal with unlawful and inappropriate behaviours by employees.
What dangers does a business face with respect to the investigation and enforcement aspects of employee crime?
Why is it so important to take care in choosing the method used to carry on a business?
One of the great advantages of a corporation over a partnership is the limited liability of the shareholder investors. If the business runs into trouble, the debts are the corporation’s rather than
Mr. Price originally operated “Fins, Furs and Feathers” as a sole proprietor but neglected to register the change under the Partnerships and Business Names Registration Act when he incorporated
Which one of the following statements is incorrect with respect to sole proprietorships?a. The sole proprietor has unlimited liability.b. The sole proprietor must adhere to licensing and government
Explain the liability of a partner for another partner’s actions.
Explain the nature of a sole proprietorship and the liability of a sole proprietor. Why do professionals often do business in this way?
It is possible to be in partnership with someone else without knowing it, simply by getting into some sort of cooperative business venture. The burdens associated with partnership, especially
The plaintiffs contracted with Donna Gabbs, a real estate agent, to sell their home. They made it clear to Ms. Gabbs that they needed $137 000 from the sale to pay off their debts. The house was
Employers are held vicariously liable for torts committed by their employees in the course of their employment. Some have questioned the fairness of this process, since it is the employee who is
Distinguish between independent contractors, dependant contractors, employees, and agents. Explain why that distinction is important.
Although Jason had participated in the flower auction for the last nine years as an agent for Thomas Holt Ltd. (Holt) with the authority to buy whatever he felt the store needed, this day he was
The plaintiffs wanted some short-term investments and turned to Mr. Demmers, who had looked after their pension fund and insurance matters as a representative of Manulife. He persuaded them to invest
A principal who enters into a contract that specifically limits the agent’s authority to act still faces the possibility of being bound by acts the agent performs outside that actual authority.
Explain why the topics of agency and employment are important with respect to the study of business law.
Explain the difference between the provisions of the Division One and Division Two proposals.
Explain the effect of a discharge on the bankrupt.
Explain the positions of secured, preferred, and unsecured creditors in the event of a bankruptcy.
Distinguish between an act of bankruptcy and a bankruptcy offense.
Distinguish between insolvency and bankruptcy; between an assignment and a receiving order; and explain the role of a trustee in bankruptcy.
Explain the position of a guarantor with respect to the debtor’s obligations and how those obligations are affected by subsequent dealings between the parties.
Distinguish between an indemnity and a guarantee.
Explain the significance of a holdback under the builders’ liens or construction lien statutes.
Describe the rights of the creditor when there is a default under the Personal Property Security Act. What must the creditor do to protect his or her right to sue for a deficit?
Distinguish between attachment and perfection, and describe how perfection can be accomplished.
Explain what is meant by a secured transaction, indicating the special position of the creditor. Who holds title under the Personal Property Security Act.
Indicate other federal statutes that have a consumer protection aspect to them.
What kinds of matters are reviewable by the Competition Tribunal? What is the purpose of such a review?
List and explain five deceptive marketing practices, and explain how they are treated differently from offences against competition.
Explain what is meant by bid rigging, double ticketing, and predatory pricing.
Explain the purpose of the federal Competition Act, and list five competition offenses.
Explain who is an insider, what controls are placed on them and why.
Explain two methods for a debtor becoming bankrupt.
Explain the purpose of a prospectus, how it is issued and what must be included.
Owen borrowed money from a credit union, guaranteed by his father, to buy a car. The credit union also registered a security interest under the Personal Property Security Act against the vehicle.
Which one of the following statements about the Personal Property Security Act is false?a. This legislation applies to all present and future transactions (whatever form they might take) where
Explain what is meant by a cooling-off period and explain how pyramid and referral selling schemes are controlled under consumer protection legislation.
Distinguish between attachment and perfection under the Personal Property Security Act.
Identify the one factor not required with respect to the attachment and perfection of a secured creditor's security interest.a. The creditor must either have registered the interest or have taken
Describe the abusive business practices that are controlled by trade practices or business practices acts. Describe how the statutes’ provisions are enforced.
Explain the primary purpose of the Personal Property Security Act.
Discuss the nature of limitation or exemption clauses and their effect on the provisions of the Sale of Goods Act.
Your brother wants to borrow $8,000 from the Bank of Britannia and has asked if you would guarantee the loan. You have been told the following with regard to guarantees. Which of the following
Explain three significant contributions of the Federal Competition Act.
With regard to bankruptcy and debt collection, which of the following is false?a. The Bankruptcy and Insolvency Act provides for a procedure for an insolvent debtor to make a proposal to his
Mehrabian traded in a Toyota 4Runner on a new Subaru Legacy, receiving a $14 000 credit. It turned out later that the 4Runner was stolen. This action is brought by the automobile dealer (Jen-Zam) to
Consider the bankruptcy process. It seems to be inconsistent with every principle of fundamental contract law and commercial relations. Is it fair to the creditors and to the debtor? What about
Explain the obligations imposed on a seller with respect to title, sale by sample and description, fitness and quality, and merchantable quality.
Explain what kind of protection is provided by the Trade Practices Act (Unfair Practices Act, Business Practices Act depending on the jurisdiction).
(Modify for your province) Which of the following statements does not accurately state the law with respect to the provisions of the Trade Practices Act or the Consumer Protection Act?a. The court
A group of five companies provided freight forwarding services through container shipments in the Toronto area. They would take orders from customers, charge on the basis of weight, fill a container
Explain the nature of an exemption clause in a contract and how the courts deal with such a provision.
The plaintiff had been employed by Ulnooweg Development group for 12 years when that employment was terminated because of numerous absences caused by illness. Before that time she had a history as an
In Canada we have developed the practice of requiring employers to give employees extensive notice or pay in lieu of notice when terminating without cause. Most provinces have enacted employment
How is certification obtained?
Joe worked for Sam in Sam’s Manufacturing Plant as supervisor for five years, and five years prior to that, was made foreman. Because of reorganization, the position of supervisor was eliminated
Grant got a job with Ace Computers Co. (Ace) as a salesman. He was given a course in salesmanship by Ace, business cards, several of the company’s order forms and brochures, and was assigned to an
Competition lies at the heart of the capitalist enterprise. Is government regulation necessary, and does it achieve intended aims? What are some of the negative impacts of regulating competition?
Explain the five rules that determine when title will pass under the Sale of Goods Act.
Explain what obligation the Sale of Goods Act puts on the seller with respect to fitness and quality?
Colson went to Logon Drugs and bought some light bulbs for the hallways of his new apartment building. A tenant asked for one and Colson gave him one but told him he was responsible for getting his
Brasseur operated a business (Sampson Management and Solutions) in need of financing. He arranged a line of credit with the Royal Bank for $150,000. Both he and his wife (Cusack) signed guarantees
Does the process of taking collateral security unfairly assist secured creditors over unsecured creditors? Does the requirement of registration sufficiently answer any criticism? In your answer
How is the person who bears the risk determined under the Sale of Goods Act? Explain how this can be modified by the parties.
Joe left his car at Harry’s tire store and asked Harry to put on a particular model of tire from his stock onto the vehicle while he went into his office in town. During the day, the tires were
The Sale of Goods Act adds a number of implied terms to a sale-of-goods transaction. Which one of the following statements is not an implied term under the Sale of Goods Act?a. The seller promises
Harrison Western Canadian Inc. leased several trailers from Wells Fargo Equipment Finance Company. These leases were registered as secured transactions under the Alberta Personal Property Security
In Canada the regulation of the securities industry is provincial whereas in the US it is federal. Would we be better off with a federal securities regulator? The purpose of such regulations is to
Explain the role played by the Sale of Goods Act and the qualifications that must be met for the Act to apply to a particular transaction.
What types of transactions does the Sale of Goods Act apply to?
In which of the following will the title to the goods pass to the buyer at the time of contract?a. Mrs. Jones calls the Bay and asks them to send out the blanket advertised on p. 3 of its flyer. The
Mr. Mustapha suffered considerable trauma when replacing a used jug of water with a new one he discovered dead flies in his sealed jug of water. He had a particular sensitivity to this and suffered
The purpose of the Sale of Goods Act is to imply terms into any contract of sale where the parties have not specifically agreed otherwise. In some provinces a few of these terms are imposed and any
Distinguish between specific performance, an injunction, an accounting and quantum meruit.
How are equitable remedies treated differently from an award of damages for breach of contract?
Explain how damages for breach of contract are calculated and any limitations on their availability.
Explain the remedy of damages as it applies to breach of contract.
Distinguish between a condition precedent and a condition subsequent.
Explain the role promissory estoppel sometimes plays in discharge or modification of a contract by agreement.
What is necessary for a contract to be discharged or modified by agreement?
How has the effect of a frustrated contract been modified by statute?
What will cause a contract to be discharged though frustration and what are the consequences?
Explain what is meant by repudiation and, in particular, the effect of anticipatory breach on the position of the parties to a contract.
Explain what is meant by substantial performance and how that can affect the discharge of contractual obligations.
Distinguish between conditions and warranties, and explain how this can affect the discharge of contractual obligations.
What is necessary for a person to qualify as a holder in due course? Why is that designation significant?
Explain the position of an endorser of a negotiable instrument.
Define a negotiable instrument and distinguish between a cheque, a bill of exchange and a promissory note.
Indicate three different types of equitable remedies and distinguish between them.

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